SFAA’s Bill to Address Attorneys’ Fees Awards in Bond Claims Considered but not Enacted

SFAA’s Bill to Address Attorneys’ Fees Awards in Bond Claims Considered but not Enacted

Washington SB 6428/HB 2852 would have placed reasonable limits on the award of attorney fees’ against sureties. The bill provided that the rights granted under current procurement law would have been the exclusive remedy for recovering attorneys' fee for all disputes, including but not limited to coverage disputes involving a performance or payment bond required under the Little Miller Act. The legislation stalled in the House and died at the end of the session since bills do not carry over to 2019 in Washington.